Fiscal says Nicole’s ma does not appreciate rules of court
By Cynthia Balana -- Inquirer
THE mother of the complainant in the Subic rape case failed to appreciate the rules of court as well as the sacrifice of the team assigned to the case, said Hazel Valdez, the only public prosecutor the complainant wants retained.
Speaking on Vice President Noli de Castro’s radio program “Para Sa Iyo Bayan,” Valdez on Saturday said she did not believe that Fe Delos Santos, head of the prosecution panel, had proposed a settlement with the accused US Marines.
If there had been "an instruction for a trade-off," she said, the team would not have pushed through with the case.
Valdez also said that of the four women and one man in the state panel, only she had been reaching out to the complainant known only as Nicole and her family, but "on a professional basis."
The five state prosecutors are in charge of the criminal aspect of the case; Nicole’s private lawyers are handling the civil aspect.
Valdez said there was no basis for Nicole’s request that the DOJ replace the four other state prosecutors.
She also said the claim that the lone male prosecutor, Nolibien Quiambao, did not ask the right questions during his cross-examination of Lance Corporal Daniel Smith was incorrect.
"[Nicole’s camp] should understand that not everything they want is acceptable in court," Valdez said. "The record will bear us out that of the questions they wanted asked, some were objected to by the defense but sustained by the judge; the other questions were possibly objectionable, or not allowed under the rules."
Valdez said it was natural for Smith to defend himself and portray Nicole in a bad light, in the same way that the complainant painted a negative image of the accused.
"Maybe we are just over-reacting," she said.
Asked by De Castro if she would stay on as prosecutor in the case, Valdez reiterated that it was up to the justice secretary to decide on this matter.
She said the last hearing was postponed because of the confusion brought about by the walkout of the complainant and her mother.
THE mother of the complainant in the Subic rape case failed to appreciate the rules of court as well as the sacrifice of the team assigned to the case, said Hazel Valdez, the only public prosecutor the complainant wants retained.
Speaking on Vice President Noli de Castro’s radio program “Para Sa Iyo Bayan,” Valdez on Saturday said she did not believe that Fe Delos Santos, head of the prosecution panel, had proposed a settlement with the accused US Marines.
If there had been "an instruction for a trade-off," she said, the team would not have pushed through with the case.
Valdez also said that of the four women and one man in the state panel, only she had been reaching out to the complainant known only as Nicole and her family, but "on a professional basis."
The five state prosecutors are in charge of the criminal aspect of the case; Nicole’s private lawyers are handling the civil aspect.
Valdez said there was no basis for Nicole’s request that the DOJ replace the four other state prosecutors.
She also said the claim that the lone male prosecutor, Nolibien Quiambao, did not ask the right questions during his cross-examination of Lance Corporal Daniel Smith was incorrect.
"[Nicole’s camp] should understand that not everything they want is acceptable in court," Valdez said. "The record will bear us out that of the questions they wanted asked, some were objected to by the defense but sustained by the judge; the other questions were possibly objectionable, or not allowed under the rules."
Valdez said it was natural for Smith to defend himself and portray Nicole in a bad light, in the same way that the complainant painted a negative image of the accused.
"Maybe we are just over-reacting," she said.
Asked by De Castro if she would stay on as prosecutor in the case, Valdez reiterated that it was up to the justice secretary to decide on this matter.
She said the last hearing was postponed because of the confusion brought about by the walkout of the complainant and her mother.
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